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Scottish Court of Session Decisions >>
Wallace v Campbell. [1750] Mor 15282 (16 November 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3515282-165.html Cite as:
[1750] Mor 15282
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A debtor who possessed a tack of a house, conveyed the tack to his brother, along with the household plenishing, on condition, that the brother should relieve him of his debts, some of which he concealed from him. The brother again gave a sub-tack of the house to the debtor, for a moderate rent, for a certain number of years, during which time it was hoped that the debts might be cleared off. One of the creditors, for whose debt the brother had not become bound, raised an adjudication, and thereupon a process of mails and duties; and here the brother produced his interest, and insisted for a preference on his assignation to the tack. Objected for the adjudger, That the assignation was a private transference in fraud of creditors, and besides did not convey the right, not being clothed with possession. Answered, That the assignee possessed by his sub-tacksman, which certainly completed the transference; and that the assignation of a tack requires no public intimation, but is completed by the assignee’s possession, or, which is the same thing, by his sub-setting it. The Court, however, preferred the adjudger to the assignee.
Fol. Dic. v. 4. p. 324. Rem. Dec. Kilkerran. D. Falconer.
*** This case is No. 48. p. 2805. voce Competition.
